Family reunification is a crucial aspect of immigration that allows foreign-born individuals to establish and maintain close connections with their loved ones in the United States. The F2A visa immigration attorney at Naya Immigration proudly assists clients in accomplishing their family-based immigration goals.
If you are like most people who value family unity, you probably strive to bring your family to the U.S. or come to the country to reunite with your loved one. However, you may not be sure exactly how to do it and where to begin. Being separated from our loved ones can be heartbreaking and frustrating. At Naya Immigration, we understand how you feel.
Our team brings years of experience in immigration law to the table and helps U.S. citizens and lawful permanent residents (LPRs) act as sponsors for their foreign-born family members. We can guide you through every step of the F2A visa application process and help navigate all the complexities of immigration laws.
If you need help with sponsoring your loved ones through the F2A visa or want to come to the U.S. through a family preference visa as a foreign-born national, contact Naya Immigration for a consultation.
Our team brings years of experience in immigration law to the table and helps U.S. citizens and lawful permanent residents (LPRs) act as sponsors for their foreign-born family members. We can guide you through every step of the F2A visa application process and help navigate all the complexities of immigration laws.
If you need help with sponsoring your loved ones through the F2A visa or want to come to the U.S. through a family preference visa as a foreign-born national, contact Naya Immigration for a consultation.
Understanding the F2A Family Preference Visa and Its Purpose
The F2A visa falls under the second category of the “family preference” green cards in the U.S. immigration law, the same category as the F2B visa, according to the official website of the U.S. Citizenship and Immigration Services (USCIS).
The F2A family preference visa is available to spouses and unmarried children under the age of 21 of lawful permanent residents or LPRs. The primary purpose of the F2A visa is to allow a foreign-born applicant to reunite with their U.S. sponsor – who is either their spouse or parent – in the U.S. This visa allows eligible family members to live, study, and work in the United States with permanent residency status.
The Challenges of Obtaining the F2A Visa
Like other family-based visas, the F2A visa is subject to specific quotas that limit the total number of applicants allowed per year. This creates a potential challenge for applicants as they have to deal with a relatively long waiting time. The processing time for family-based green cards typically ranges from two to five years. Pursuant to 8 U.S.C. § 1151(c), a total of 226,000 green cards are issued to family-based applicants every year, of which more than half (114,200) are allocated to the F2 category. Within that category, 77% go to F2A applicants, and only 23% to F2B applicants.
Obtaining the F2A visa can be a slow and daunting process due to the visa issuance quotas and per-country limits. However, working with an F2A visa lawyer can streamline the application process and avoid costly mistakes that could lead to unnecessary delays.
Eligibility Criteria & Requirements for the F2A Visa
Only spouses and unmarried children under 21 of lawful permanent residents are eligible for the F2A family preference visa. When applying for this visa, the family member must prove their eligibility by demonstrating proof of their relationship with the U.S. sponsor. In addition to the eligibility criteria that exist for F2A applicants, there are also strict requirements for the sponsor, including:
- Proof of the relationship between the sponsor and their foreign-born spouse or unmarried child under 21;
- Proof of maintaining a principal residence in the U.S.;
- Meet a minimum income level, which must be at least 125% of the Federal Poverty Guidelines (according to the Office of the Assistant Secretary for Planning and Evaluation, the poverty guidelines are subject to annual changes and vary depending on the number of persons in the household); and
- Proof of the ability to financially support the foreign-born spouse or unmarried child under 21 after their arrival in the U.S. If unable to meet the threshold, consider finding a joint sponsor.
A prospective sponsor must meet the above-mentioned requirements for USCIS to approve the F2A visa application.
Process for Applying for the F2A Visa
When obtaining the F2A visa, the application process begins with the petition stage. The sponsor fills out the Form I-130 (Petition for Alien Relative) and submits it to the USCIS. In coordination with the Department of Homeland Security, the USCIS will process the petition and issue its approval to the petitioner.
- If the USCIS approves the petition, it will send the application to the National Visa Center (NVC). After the NVC’s processing is complete, it will send approval documents to both the sponsor and their foreign-born spouse or child.
The second stage is the visa application stage during which the sponsored spouse or child (called the “applicant”) completes the F2A visa application. During this stage, the applicant will be required to gather specific documents, complete medical examinations and vaccinations, and undergo consular processing (outside of the U.S.) or adjustment of status (inside the U.S.).
- Note: If the quota for the F2A visa applications has been reached, the visa application stage will not begin until the applicant’s priority date is current.
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F2A Visa Lawyer Frequently Asked Questions (FAQs)
At Naya Immigration, we can address all questions you may have about sponsoring your spouse or child or applying for the F2A visa as a foreign-born national, including the frequently asked questions such as:
The F2A visa is a family preference visa available to spouses and unmarried children under 21 of lawful permanent residents (also called green card holders).
The foreign national cannot apply for the F2A visa directly. Instead, their sponsor must initiate the process on behalf of their spouse or child.
As discussed above, the application process is divided into two stages: the petition stage (for the sponsor) and the visa application stage (for the foreign-born family member).
It is practically impossible to estimate how long the F2A visa processing time will take because it depends on several factors, including the date when the petition is submitted and the number of available visas during the fiscal year. If the quota for the year has been reached, the applicant will need to wait until the priority date is current again.
Get Help from a F2A Visa Lawyer at Naya Immigration
If you are planning to sponsor your spouse or child through the F2A visa or need help with the application process as a foreign-born national, contact Naya Immigration. Our immigration lawyer can assist you with all aspects of the family-based immigration process, including filing the Form I-130 petition, presenting a strong case before the USCIS, collecting the required documents, and preparing for the visa interview. Please feel free to contact our office to discuss your particular situation during a consultation.
Disclaimer
The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.
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